
[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Notices]
[Pages 75644-75645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29624]



[[Page 75644]]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71025; File No. SR-BOX-2013-55]


Self-Regulatory Organizations; BOX Options Exchange LLC; Notice 
of Filing and Immediate Effectiveness of a Proposed Rule Change to 
Amend the Fee Schedule to Permit the Exchange to Exclude from Its 
Average Daily Volume Calculations Any Trading Day on Which the Exchange 
Is Closed for Trading Due To an Early Closing Or a Market-Wide Trading 
Halt

December 6, 2013.
    Pursuant to Section 19(b)(1) under the Securities Exchange Act of 
1934 (the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby 
given that on November 27, 2013, BOX Options Exchange LLC (the 
``Exchange'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the Exchange. The 
Exchange filed the proposed rule change pursuant to Section 
19(b)(3)(A)(ii) of the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ 
which renders the proposal effective upon filing with the Commission. 
The Commission is publishing this notice to solicit comments on the 
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission 
(``Commission'') a proposed rule change to amend the Fee Schedule for 
trading on the BOX Market LLC (``BOX'') options facility the Fee 
Schedule to permit the Exchange to adjust the average daily volume 
calculation for any trading day on which the Exchange is closed for 
trading due to an early closing or a market-wide trading halt. The text 
of the proposed rule change is available from the principal office of 
the Exchange, at the Commission's Public Reference Room and also on the 
Exchange's Internet Web site at http://boxexchange.com.

II. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of and basis for the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant aspects of such 
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, Proposed Rule Change

 1. Purpose
    The Exchange proposes to amend the Fee Schedule for trading on BOX 
to permit the Exchange to adjust the average daily volume (``ADV'') 
calculation for any trading day on which the Exchange is closed for 
trading due to an early closing or a market-wide trading halt.
    In Section I (Exchange Fees) of the BOX Fee Schedule, the Exchange 
provides volume-based incentives for certain transaction fees. In 
Section I.A the Exchange provides a volume-based incentive to 
Initiating Participants that submit Primary Improvement Orders, 
Facilitation Orders, or Solicitation Orders and, on a daily basis, 
trade a monthly ADV of more than 5,000 contracts in Auction 
Transactions on BOX. Similarly, in Section I.B. the Exchange provides a 
volume-based incentive on all standard transaction fees to Market 
Makers that, on a daily basis, trade a monthly ADV of more than 5,000 
contracts on BOX. In both Sections the Participant's monthly ADV is 
calculated at the end of each month.
    The Exchange is proposing to amend the BOX Fee Schedule to permit 
the Exchange to adjust the ADV calculation for any trading day where 
the market is not open for the entire trading day. Specifically, in 
these situations the Exchange could count any day when the market 
closes early due to a holiday observance as a half day in the 
calculation, or exclude from the calculation any day where the Exchange 
declares a trading halt in all securities or honors a market-wide 
trading halt declared by another market. For example, this would have 
allowed the Exchange to exclude August 22, 2013 when trading was halted 
in Nasdaq-listed securities for three hours across all exchanges. The 
Exchange is not proposing any changes to the monthly ADV thresholds 
required to achieve each volume tier and will issue an information 
circular to inform Participants of any trading day where the monthly 
ADV calculations will be adjusted in connection with this proposed rule 
change.
    The Exchange believes it is appropriate to adjust the calculation 
of monthly ADV for these days because a Participant will have 
artificially low trading volume if the market is not open for the 
entire trading day. In the corresponding monthly ADV calculation, the 
numerator for the calculation (trading volume) will decrease, while the 
denominator (the number of trading days) will remain the same and not 
reflect the irregularity that caused the decrease. This would result in 
a lower monthly ADV for the Participant and could mean that the 
Participant is not eligible for a higher volume tier, and corresponding 
lower fee. Accordingly, giving the Exchange the ability to exclude 
these days from the monthly ADV calculation will ensure this scenario 
no longer occurs.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act, in general, and Section 
6(b)(4) and 6(b)(5) of the Act,\5\ in particular, in that it provides 
for the equitable allocation of reasonable dues, fees, and other 
charges among BOX Participants and other persons using its facilities 
and does not unfairly discriminate between customers, issuers, brokers 
or dealers.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that it is equitable and reasonable to adjust 
the monthly ADV calculations for any trading day on which the Exchange 
is closed for trading due to an early closing or a market-wide trading 
halt because it preserves the Exchange's intent behind adopting volume 
based fees. The proposed change is non-discriminatory because it 
applies equally to all Participants and to all volume tiers.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. With respect to monthly ADV 
calculations, the Exchange notes that there are very few instances 
where this change will actually be invoked, and when invoked, the 
Exchange believes the rule will have little or no impact on trading 
decisions or execution quality. To the contrary, the Exchange believes 
that the proposed modification to its ADV calculation is pro-
competitive and will result in lower total costs to Participants, a 
positive

[[Page 75645]]

outcome of competitive markets. Moreover, other options exchanges have 
adopted rules that are similar to the change in ADV calculation being 
proposed by the Exchange.\6\
---------------------------------------------------------------------------

    \6\ See Securities Exchange Act Release Nos. 70472 (September 
23, 2013), 78 FR 59738 (September 27, 2013)(Notice of Filing and 
Immediate Effectiveness of SR-PHLX-2013-93); 70470 (September 23, 
2013) 78 FR 59740 (September 27, 2013)(Notice of Filing and 
Immediate Effectiveness of SR-NASDAQ-2013-117); and 70657 (October 
10, 2013), 78 FR 62899 (October 22, 2013)(Notice of Filing and 
Immediate Effectiveness of SR-ISE-2013-51).
---------------------------------------------------------------------------

C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants or Others

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Exchange Act \7\ and Rule 19b-4(f)(2) 
thereunder,\8\ because it establishes or changes a due or fee.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend the rule 
change if it appears to the Commission that the action is necessary or 
appropriate in the public interest, for the protection of investors, or 
would otherwise further the purposes of the Act. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and 
arguments concerning the foregoing, including whether the proposed rule 
change is consistent with the Act. Comments may be submitted by any of 
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-BOX-2013-55 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BOX-2013-55. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all 
written statements with respect to the proposed rule change that are 
filed with the Commission, and all written communications relating to 
the proposed rule change between the Commission and any person, other 
than those that may be withheld from the public in accordance with the 
provisions of 5 U.S.C. 552, will be available for Web site viewing and 
printing in the Commission's Public Reference Room, 100 F Street NE., 
Washington, DC 20549, on official business days between the hours of 
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available 
for inspection and copying at the principal office of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BOX-2013-55 and should be 
submitted on or before January 2, 2014.
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-29624 Filed 12-11-13; 8:45 am]
BILLING CODE 8011-01-P


